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                       Human Rights Report 2004

 

 

 

Swaziland: King's government violates human rights

 

The government of King Mswati III urgently needs to resolve the constitutional and human rights crisis that has left the country without a Court of Appeal since 2002 and undermines the government's new international human rights obligations.
In a report published today,
Swaziland: Human rights at risk in a climate of political and legal uncertainty, Amnesty International shows how the government's contempt for court rulings and judicial independence has denied people effective legal redress and has allowed impunity for perpetrators of human rights violations.
Despite Swaziland becoming a State Party to four key human rights treaties between April and June 2004, there is a wide gap between promises and practices in the southern African country.
"Swaziland must back up its recent commitments to international human rights standards by re-establishing the rule of law and confronting the systematic violation of civil, political, economic and social rights. These steps are also essential to addressing the country's profound humanitarian crisis", Amnesty International said.
The abuses of human rights documented in the report include:

  • Failure to investigate and prosecute those responsible for torture and deaths in custody and abusive policing involving the use of excessive force;
  • Denial of the rights of freedom of association and peaceful assembly to those perceived as government critics;
  • Undermining of the role of courts in protecting the rights of women and girls against forced marriages, including by members of the Royal Family;
  • Failure to protect women and girls against rape and other forms of sexual violence which has contributed to Swaziland having the highest HIV prevalence in the world;
  • Politically-motivated forced evictions without the right to effective legal redress, resulting in violation of the victims' rights to livelihood, shelter, education and health.
    "
    The people who were supposed to protect us came and broke down everything and took away everything...We were all driven away...The government uses nice words to describe what happened, they don't like to hear the word "eviction" , but that is what it was, a forceful eviction".
    An evictee from Macetjeni in the Lubombo region of Swaziland speaking to Amnesty International in July 2003.
    "The Swaziland government must put an end to all human rights violations and ensure that the country's existing and new obligations under international human rights law are guaranteed by upholding the rule of law and entrenched in the new constitution," Amnesty International said.
    Background
    In 1996 King Mswati III appointed a Constitutional Review Commission (CRC) to draft a new constitution. In August 2001, after a much criticised process, the CRC presented a report which asserted that "the Swazi nation" preferred no change to the political and legal arrangements which had been in place since the suspension of the Constitution in 1973.
    In 2002, the King appointed the Constitution Drafting Committee (CDC) to finish the CRC's work by actually drafting a new constitution. In May 2003 the King made public the CDC's draft constitution. The CDC subsequently led a public consultation process on the draft, which is still continuing. (Amnesty International's detailed analysis of the draft constitution is included in the report.)
    On 26 April 2004, Swaziland became a State Party to the United Nations (UN) Convention on the Elimination of All Forms of Discrimination against Women and the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
    On 26 June, Swaziland became a State Party to two other key human rights treaties: the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights.
    For a copy of the full report,
    Swaziland: Human rights at risk in a climate of political and legal uncertainty, please go to:

 

 

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                                     Human Rights Report 2003

 

 

 

Released by the Bureau of Democracy, Human Rights, and Labour 2004 Swaziland is a modified traditional monarchy with executive, legis lative, and limited judicial powers ultimately vested in the King (Mswati III).
In 2003 the King ruled according to unwritten law and custom, in conjunction with a partially elected parliament and an accompanying structure of published laws and implementing agencies. The 2001 (sic) municipal elections and parliamentary elections during the year increased representative government; however, political power continued to rest largely with the King and his circle of traditional advisors, including the Queen Mother. The judiciary was generally independent; however, the King exerted certain judicial powers, and High Court judges struggled to resist pressure to yield any powers to those outside the judiciary.
Both the Umbutfo Swaziland Defence Force and the Royal Swaziland Police operate under civilian control and are responsible for external and internal security. Some communities questioned the ability of the National Police to operate effectively at the community level and have formed community police.
Members of both the National Police and the community police committed human rights abuses.
The country had a free market economy, with relatively little government intervention; its population was approximately 1.1 million. The majority of citizens were engaged in subsistence agriculture and the informal marketing of agricultural goods, although a relatively diversified industrial sector accounted for the largest component of the formal economy. The country depended heavily on South Africa, from which it received almost all of its imports and to which it sent the majority of its exports. A quasi-parastatal organisation established by royal charter, and responsible to the King, maintained large investments in major sectors of the economy, including industry, agriculture, and services, and required partnership with foreign investors and international development agencies.
The Government’s human rights record was poor, and it continued to commit serious abuses. Citizens were not able to change their government peacefully. Police used excessive force on some occasions, and there were reports that police tortured and beat some suspects. Impunity was a problem.
The Government infringed on citizen’s privacy rights. The Government continued to limit freedom of speech and of the press.
The Government restricted freedom of assembly and association and prohibited political activity, although numerous political groupings operated openly and voiced opinions critical of the Government. The police on several occasions harassed political activists.
There were some limits on freedom of movement.
Legal and cultural discrimination, violence against women, and abuse of children remained problems. Some societal discrimination against mixed race and white citizens persisted. Worker rights remained limited. Trafficking in persons occurred.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including Freedom From:
a. Arbitrary or Unlawful Deprivation of Life
There were no reports of the arbitrary or unlawful deprivation of life by the Government or its agents.
There were no developments in the 2001 police killing of a 20-year-old man,or the 2001 death by poisoning in police custody of two 20-year-olds.
b. Disappearance
There were no reports of politically motivated disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
The law does not specifically prohibit such practices, although under the Prison’s Act correctional facility officers may be prosecuted if they engage in such practices; however, there were reports that government officials employed them. There were credible reports by criminal defendants that the security forces used torture during interrogation and abused their authority by assaulting citizens and using excessive force in carrying out their duties. For example, in August, police reportedly beat a member of the Swaziland Federation of Trade Unions (SFTU) following his arrest during a legal protest action.
Police sometimes beat criminal suspects and occasionally used the “tube”style of interrogation, in which police suffocate suspects through the use of a rubber tube around the face and mouth. According to unofficial reports, police still used the Kentucky method of interrogation in which the arms and legs of suspects are bent and tied together with rope or chain, then the person is beaten.
There was no action taken against members of the security forces responsible for the 2002 beating of a woman accused of theft.
Police also banned and forcibly dispersed demonstrations (see Section 2.b.).
Prison conditions generally met international standards; however, there were reports that torture, lack of basic hygiene, and unsafe sexual practices were spreading HIV/AIDS among the prisoners. Government detention centres remained overcrowded, and conditions were generally poor. The use of non-bailable provisions resulted in the continued overcrowding and other unfavourable conditions in government detention centres where suspects were held during pre-trial detention (see Section 1.d.).
Women were held in separate prison facilities; however, at times children (age 3 and under) of female inmates lived with their mothers in the women’s prison. A November press report alleged that male guards forced female prisoners into sex.
The Government routinely permitted prison visits by diplomats, journalists, human rights monitors, and representatives of international organizations. During the year, the local Red Cross visited several prisons.

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